G/TBT/N/USA/2022  
27 July 2023  
(23-5131) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Federal Aviation Administration (FAA) [2053]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other  [X]: Applicants for transport airplane type certificates currently submit safety 
critical information with their initial certification plan, and throughout their project. 
However, it may not be clearly demarcated as safety critical.  Therefore, as part of its 
interim implementation of Section 105(a) of the Aircraft Certification, Safety, and 
Accountability Act, Public Law 116 –260, the FAA plans to issue a Notice to supplement its 
application processes to provide guidance for applicant s to delineate safety critical 
information.  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Transport 
category airplane type certificates; Quality (ICS code(s ): 03.120); Air transport (ICS 
code(s): 03.220.50); Accident and disaster control (ICS code(s): 13.200); Aircraft and 
space vehicles in general (ICS code(s): 49.020)  
5. Title, number of pages and language(s) of the notified document:  Draft Notice 
Regardin g Submittal and Disclosure of Safety Critical Information by Applicants for 
Transport Category Airplane Type Certificates; (1 page(s), in English)  
6. Description of content:  Notice of availability; request for comments by 25 August 2023 
- This draft Notic e, as part of the FAA's implementation of the Aircraft Certification, Safety, 
and Accountability Act , would provide additional guidance regarding  the process for 
applying for a new or amended type certificate (TC) for a transport category airplane. 
This guidance would facilitate the provision of safety critical information about the 
applicant's proposed design to the FAA.  
7. Objective and rational e, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Quality requirements  
8. Relevant documents:   
88 Federal Register (FR) 48142, 26 July 2023; Title 14 Code of Federal Regulations (CFR) 
Parts 21 and 25:  G/TBT/N/USA/2022  
 
- 2 - 
 
  https://www.govinfo.gov/content/pkg/FR -2023-07-26/html/2023 -15821.htm  
https://www.govinfo.gov/content/pkg/FR -2023-07-26/pdf/2023 -15821.pdf  
This notice of availability; request for comments is ident ified by Docket Number FAA -
2023-1463. The Docket Folder is available from Regulations.gov at 
https://www.regulations.gov/docket/FAA -2023-1463/document  and provides access to 
primary documents as well as comments received. Documents are also accessible from 
Regulations.gov  by searching the Docket Number. WTO Members and their stakeholders 
are asked to submit comments to the USA TBT Enquiry Point  by or before 4pm Eastern 
Time on 25 August 2023. Comments received by the USA TBT Enquiry Point from WTO 
Members and their stakeholders will be shared w ith the regulator and will also be 
submitted to the Docket  on Regulations.gov if received within the comment period.  
Notified separately - Classifica tion of Type Design Changes That Would Materially Alter 
Safety Critical Information as Major Type Design Changes; Notification of availability; 
request for comments by 25 August 2023 published 26 July 2023:  
https://www.govinfo.gov/content/pkg/FR -2023-07-26/html/2023 -15853.htm  
https://www.govinfo.g ov/content/pkg/FR -2023-07-26/pdf/2023 -15853.pdf  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  25 August 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members .wto.org/crnattachments/2023/TBT/USA/23_11309_00_e.pdf